Olney: City attorney should recuse himself from ethics probe

Sep. 13—WATERTOWN — Based on their contentious relationship, City Councilman Cliff G. Olney III doesn't think that the interim city attorney should be involved in an ethics complaint against him.

Mayor Jeffrey M. Smith formally filed the ethics complaint with the city manager's office on Monday night against Olney for violating the confidentiality of city council executive sessions.

Olney is requesting that attorney H. Todd Bullard and his firm, Harris Beach, not be part of the ethics complaint investigation.

"Mr. Bullard's animosity toward me has been well documented. He has verbally attacked me at city council meetings; has questioned my integrity and has made unfounded accusations about me multiple times publicly. This is highly unethical behavior, in my opinion," Olney wrote in an email to the city manager's office and to council members Tuesday night.

Bullard and the firm should recuse themselves from the ethics board inquiry, Olney said Wednesday.

"It's come to that I don't trust his legal opinion," Olney said.

He has accused Bullard of being politically biased against him and a political ally of the mayor.

Olney is also asking that the ethics board probe be held in public, saying he fears it could become "a kangaroo court."

"All of it should be in public, so they can decide for themselves," Olney said.

A board of ethics meeting has been set for 1 p.m. Friday.

According to Paul Wolf, president of the New York Coalition for Open Government, the subject of an ethics complaint can request for the inquiry to be made public, though it's up to the ethics board to determine if it should be.

City Manager Kenneth A. Mix said that Bullard and the law firm must preside over Friday's meeting because they are the interim legal team that represents the city and ethics board.

Ethics board chairman Stephen A. Jennings said Wednesday that the board has yet to receive the complaint, so he doesn't know its contents.

The ethics board will discuss the complaint at the Friday meeting and then decide whether it needs to proceed any further, he said.

If there is merit to the complaint, the ethics board can schedule other meetings and call witnesses to testify, Jennings said.

He assured that the board will be objective in its inquiry, saying that it will be "very, very ruthlessly fair and honest."

The board renders advisory opinions and makes recommendations on issues that include conflicts of interest, future or private employment, acceptance of gifts and the disclosure of confidential information.

Olney has denied any wrongdoing, saying the mayor's complaint is politically motivated. It's part of ongoing efforts to disparage him, he said, adding it is more about the mayoral race.

Smith supports Councilwoman Sarah V. Compo Pierce for mayor, while Olney is backing Councilwoman Lisa A. Ruggiero in November's election.

Olney is convinced Smith is "mad" because the mayor took "three big losses" on key votes recently.

They've battled with each other on the city's purchase of the former Watertown Golf Club, a new pool on the city's north side and multiple other city issues since the councilman took office in January.

Smith accuses Olney of violating the confidentiality of closed-door meetings on multiple occasions regarding the city's purchase of the former Watertown Golf Club for $3.4 million and as the city has discussed which firm to hire for legal representation.

The mayor learned of confidentiality violations after sending "letters of inquiries" to Michael E. Lundy, the former owner of the Watertown Golf Club in Thompson Park, and P.J. Simao, who was also involved in the deal for the golf course.

In response, Smith received a letter from Lundy's attorney. Michael Young, and an email from Simao that included only information that was discussed in executive session, the mayor said.

Anything discussed in executive session is not supposed to become public, he argues.

However, the New York Committee on Open Government, in letters to municipal bodies posted online, has stated that there is no law prohibiting the sharing of what occurred in an executive session so long as confidential records or privileged information is not disclosed. Boards are not allowed to vote in private session.

Olney claims the mayor is also particularly upset that hiring Bullard and Harris Beach as the permanent city attorney could be in jeopardy.

Last week, Olney said he would not vote for the Rochester law firm, Harris Beach, for the job.

Olney said he plans to vote for the Syracuse law firm of Bond, Schoeneck & King for the appointment. The vote is set for Monday's council meeting.

If the council appoints Bond, Schoeneck & King, Bullard would no longer preside over the ethics board inquiry. The Syracuse firm would then take over that responsibility.

The other members of the ethics board are Cary J. Parker, Yvonne F. Reff, Nolan D. Pitkin and Suzanne C. Renzi-Falge.

They were appointed by the mayor and their terms expire at the end of the year. Jennings, a former councilman who has been a board member for several years, was named as the board chairman in July.

Ruggiero has called for an executive session for 3 p.m. Friday, citing a discussion on proposed, pending or current litigation.

It's unclear whether the meeting is related to the ethics complaint or Smith's allegations against Olney.

"It's going right into executive session," Ruggiero said. "I can't talk about it."